Wisconsin Department of Agriculture, Trade and Consumer Protection
Initial
Regulatory
Flexibility
Analysis
Rule Subject:
Wisconsin
Vegetable Contractors
Adm. Code Reference:
ATCP
101
Rules Clearinghouse #:
N/A
DATCP Docket #:
15-R-08
Rule Summary
This rule
defines the vegetable procurement practices and financial standards and security for vegetable contractors in Wisconsin.
T
his
emergency
rule
will affect the vegetable contractors’ payments to the Agricultural Producer Security Fund. Specifically, it
:
•
Increases
assessments paid by contributing vegetable contractors;
and
•
Assists
the department in achieving the statutory minimum balance for the fund.
An emergency rule is required to meet
the
statutory obligation to restore the vegetable fund balance to the minimum within a reasonable time. Without this emergency rule, the fund attributable to the vegetable program will remain dramatically underfunded. An
e
mergency rule must be in effect by February 1, 2016, in order to apply to the next license year for vegetable contractors.
This emergency rule will be in effect for
24 months
per statutory authority given the d
epartment in s.
126.88 (2)
(b)
, Stats
.
Small
Business
Affected
This rule will
affect small vegetable contactor
s
who participate in the
Agricultural Producer Security Fund
.
It does not affect how they would be regulated by t
he state nor will it affect
level
s
of protection. For
vegetable
, it will increase their annual fees.
Reporting, Bookkeeping and other Procedures
The proposed
amendments to the emergency
rule
do not change any of the
reporting, bookkeeping
,
or other procedures for small businesses.
Professional Skills Required
The proposed
emergency
rule
will
not
change
any
technical
requirements for
small businesses and thus there
are
no
new
profession
al
skill
s
required for small businesses.
Accommodation for Small Business
Many of the busine
sses affected by this rule are small businesses.
This rule does not make special exceptions for small businesses because the
fee
is
already based on the amount of business that the vegetable contractors conduct. Those who conduct more business pay higher fees.
Conclusion
This rule will generally benefit
all
affected businesses, including small businesses
as it
hastens the restoration of
the
Agricultural Producer Security Fund
to
the required statutory balance
.
Negative effects
will be few and limited. This rule will not have a
significant adverse effect on small business,
and
is not subject to the delayed small business
effective date provi
ded in s.
227.22 (2) (e)
, Stats.
